HomeMy WebLinkAboutSUB201500204 Agreements APage 1 of 6 ` �1'�AR�►7 g
V
Instrument Control Number 0 0 4 817
Commonwealth of Virginia lI■I� �128121r®'r��11
Land Record Instruments Recorded: 0 20064015000 atTo8 8
Cover Sheet-Form A FAlbemarle Mi : $52.000 Pagee 1 or 8
Debra ii. Shipp Ciruit Clerk
Filet/ 2014-00004817
[L$VLRCover Sheet Agent 1.0.66] BK4494 Pa396-401
T C Date of Instrument [5/28/2014 1
X R Instrument Type: [AG-PL ]
P Number of Parcels [ 1]
E
X Number of Pages [ 6]
E
M City❑County[II [Albemarle County I (Box for Deed Stamp Only)
p First and Second Grantors
L _ 1 Last Name I First Name I Middle Name or Initial 1 Suffix I
[Avemore Phase IV at C ][ 11 11 1
❑❑ [ I[ ][ II 1
First and Second Grantees
Last Name I First Name I Middle Name or Initial I Suffix
❑® [Avemore Phase IV at C ][ I[ 1[ ]
❑0 [ 1[ 1[ II 1
Grantee Address (Name) [Avemore Phase IV at Charlottesville,LLC ]
(Address 1) [28343 Mallard Drive 1
(Address 2) [ I
(City,State,Zip) [Easton ] [MD] [21801 ]
Consideration[0.00 ]Existing Debt[0.00 ] Assumption Balance[0.00 1
Prior Instr.Recorded at:City El County❑ [ 1 Percent in this Jude. [ 100]
Book [ ] Page [ ] Instr.No [ ]
Parcel Identification No(PIN) [ ]
Tax Map Num. (If different than PIN) [07860-03-00-001 CO ]
Short Property Description [78B Section 3,Parcel 1C 1
[ 1
Current Property Address (Address 1) [ ]
(Address 2) [ 1
(City,State,Zip) [ I[ I[ I
instrument Prepared by [George Webb ]
Recording Paid for by [Geroge Webb 1
Return Recording to (Name) [Royer,Caramanis&McDonough I
(Address 1) [200-C Garrett Street I
(Address 2) [ 1
(City,State,Zip) [Charlottesville I[VA 1[22902 ]
Customer Case ID [ ] [ 11 ]
i}+.l'ir I}Ian.041;i'l:hl r4.t Z,"n,{
lti('-'1":1�`{4,'T?`�13f.'r �t.•
Cover Sheet Page#1 of1 1;j:5• G;•L4r 4{''•,fir.,,,; 'I4 '1,
11
Book: 4494 Page: 396 FileNumber: 2014-00004817 Seq: 1
Page 2 of 6 ` 441.0/
0048 { 7
Prepared by George Webb
Albemarle County Tax Map 078B0-03-00-001C0
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the
"Agreement")is made this day IS of May,2014,by AVEMORE PHASE IV AT
CHARLOTTESVILLE,LLC(hereinafter,the"Declarant"),whose address is 28343
MALLARD DRIVE,EASTON,MD 21601.
WHEREAS,the Declarant(s)is the owner of a parcel of land known as Albemarle
County Tax Map 78B,Section 3,Parcel IC pursuant to the plat/deed in Deed Book
3553,Page 214;and
WHEREAS,Tax Map 78B,Section 3,Parcel IC will be subdivided by the
Declarant into Lots 1-34,containing 2.597 acres,as shown and described on a plat by
WW Associates,dated 8/13/2010,and revised 6/04/2013,a copy of which is hereto
attached and made part of this Agreement(hereinafter,the"Plat");and
WHEREAS,the access easement shown on the Plat entitled"Easement Plat for
TMP 7813-5-B&7811-5-1-34,Avemore Phase IV",dated 4/1112014,will be a new 32
foot non-exclusive ingress and egress easement(hereinafter,the"Street")for the use and
benefit of Lots 1-34 as shown on the Plat.
NOW,THEREFORE,for and in consideration of the premises and the
undertakings contained herein,the Declarant hereby imposes upon Lots 1-34 to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 20 feet of
asphalt and stone in accordance with Virginia Department of Transportation
standards and maintained in perpetuity to substantially the same condition it was in
when approved by the County. The travelway shall at all times be maintained so that it is
safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument,'maintenance',includes the
maintenance of the private streets or alleys,and all curbs,curbs and gutters,drainage
facilities,utilities,dams,bridges and other private street improvements,and the prompt
removal of snow,water,debris,or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles,including emergency services vehicles.
The term"to maintain,"or any derivation of that verb,includes the maintenance,
replacement,reconstruction and correction of defects or damage.
„ r,_
Book: 4494 Page: 396 FileNumber:2014-00004817 Seq: 2
Page 3 of 6
%On/r
COST OF MAINTENANCE: The owner(s)of Lots 1-34 shall be equally responsible for
the cost of the maintenance of,and or repair to the Street,as shown on the plat. Any
further division of Lots 1-34 shall require the reassessment of cost to be equally shared
by all owners using of the Street. No public agency,including the Virginia
Department of Transportation and the County of Albemarle,Virginia,will be
responsible for maintaining any improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Street,any further
construction,maintenance or repair shall be undertaken only with the mutual consent of
all owners,provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Street,such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate
share of the costs of maintenance or repair for which he/she is responsible,as provided
hereinabove,any other owner not in default,or the person or corporation performing such
maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance;and the
delinquent Owner shall be liable to pay all costs of collection including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Declarant P;1: tion to be
executed on its behalf by its duly authorized agent.
BY- II
A more P a. IV at Charlottesville,LLC
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF Al2e' ( ie ,to-wit:
The foregoing Declaration was
acknowledged before me this 23 day of 1124 f ,1902 by OWNER.
104
-
J)NY1.l4X 'RGl.
Notary Public
My commission expires:DATE DANIELLE LEE ROTH
NOTARY PUBLIC
Commonwealth of Virginia
Rag.#7696991 , 20)
M Commission oires racor
4
f4'14r'
Book: 4494 Page: 396 FileNumber: 2014-00004817 Seq: 3
Page4of6 *40001 DB qy / P 3
41
oro rrl or; vri r w rr� r- o G 6 `-i 6 G i u G i
z go w. :)7.
cE pig p _
y .y i
i 1' 4 M 71 f/j I _ �'J VI N N [) N N N V1 VI N N N) Z N pZ VI U1 {Z�
li-
.o--ia
exci; 2 , 5 p° �i A 8n u 4 -- pw U u g 4 g ' i C
�l 0Q12.5 _/ Z�.:D co. W W s O .2. LL) S -. W cn A N Cl, W N t
Z < "t � % m m m m m m m * f m t m m m m m m m
C1 ~
=� C
. u• V Z N 4 N r 0 V t0 Ot A v�p 71. O ��Lpp V V p, r+ N i
t CD 4 N N e m S S. ES. N Ol O 4 N tb 8 =
o ` )l s7
1
w 81;P
zz c 0 Q 49,- 'i K w rWa a `d' E m G E, E. E E E `�' o E w
Aga §
Z N Z V) Z Z Z Z Z Z Z VI Z Z N V) y
^ {� pp�� p� ppp���
.IS T
K Pg g{� W A a (AA (Nn A a r r t N P
w Om VI WWt�,� NN Nb W g4 N W W 4pW f]
W O ID g A 'Ai s 1 g. N t W t: W g. g
IF E ge * 3E m m m m m m m m * 3E aE m
00
S
N N N r
oD !. No + p P a o q0 o N 64, in v it,,,, t yo*. puIpp i
.& O Z '41� W N N J- O! Ei O U O g O N g A. k
6
liQim e. �I rn to { u t2
° il11
p21: $y
Ji!1
F,
gloQVQp
-425 it iiiPax> . la rV, E") 1Kwi `4
igi2giBizA'64g
(� po {s`m'QQ4pQp1 1p-(1 Tmlli 4 tD yZ p4t@.2019 C p� ,j
ZF7R � �Y> ��Z �+ >_-1 �� -05,41,1,-A
2 m
8 1 s „_1 41 (3Mrq
i g <.>y W2�-<bg�.Si d iAbo>,-j2y Zgbo
141 y & iATZ� 9� 53 P_dT P^'i
V $ 8 • t ti " a. 1 -
X
I ilm!i 4 1
> Q � m�Z�>' � 1.1I
71, f 4 R +4
p xol: IA ., . 1:
. • \
ive, -A 1 5iP. i . . :„..,
li R
4 N i --ep -i El : ,-„.:1,,,,.,;,.
m R.
gmQ
1 Alf A.t
i) / r ' th. -.* -
o 1 ' EASEMENT PLAT FOR C°441
2 < ' TMP 7807 5,B;.&78B-5-1 thru 34 °
° � �;��, ���n Dominion
N t i�.
�--, 4 n:PHASE N . Engineering
bLST�I ALBEMARLE COUN Y VA N x
O T , ' \N 172 Swu' i.:1 Dove
y' �i 0 DATE, NEVINNt DATE ' r I� »612)16)
I % 1COMMENTS 04-11-2014 ST ...•,.. 434.979.1381 E)
Oo Z s 1421-2013 woo* WTE VI 0 �4p,.•
Book: 4494 Page: 396 FileNumber: 2014-00004817 Seq: 4
Page 5 of 6 D8 (4414/ p 110 0
J
\
b 1 1,,1 1 , It' It P
l 1 \ •1 1
1 •1 1 �•, a 1 1 c.,---NA,-
sk gt• F, @ '1 -j �... a 1 .
isi �c=i JJ `.1gtlftliti it" 11 �F4 1
i ii N— V A---'' ).L19 4 ,L SZ 1 a 51 Fe i L7 % +
Ulm rrr1��� /
Li,j �, f
= 5
- - _ � /
ri 1 i S
" 53SI> �°"ozZ 1 81;$Ei I
il
. ----------1 ' _
i 'qA 5 R~
n
r ;
—'
i t t
Q 1
f ,61ZM I
8- O 5i i A
II
— — — — e
k ii I I
gg ' g I
\G -- p.4
r ` i i dg 4AO
o) .t. , 9
im u e pC
6 sz Iti
�L�� , I
p
1 EASEMENT PLAT FOR COA o
P
TMP 78B-5-B& 78B-5-1 thru 34 F o I Dominion
z AVEMORE PHASE IV N Engineering
o RIVANNADISTRICT,ALBEMARLECOUNTY,VAke
N P oNE;iii 1
1725aeM raelops Orme
us D QwbNe4le,VA 2281 1
y. WR REVINOs1 Wit. 4!4.979.8121¢1
YC QCOMM 04-11.2014 `t' 4'4.979.1281 81m rQ6s !, 142113 WrE. VVVv1�S�'1�f Opaa,.iaw.y.ca.
g
Book: 4494 Page: 396 FileNumber:2014-00004817 Seq: 5
Page 8 of 8 V
RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
MAY 28.2014 at 3:50:48 PM
AS REQUIRED BY VA CODE 958.1-802
STATE:00.00 LOCAL:$0.00
LE COUNTY,VA
1. { IPP CIRUIT CLERK
/4/ .--e 17C
Book: 4494 Page: 396 FileNumber:2014-00004817 Seq: 6
Prepared by: The Sack Law Finn
Albemarle County Tax Map 078B0-03-00-001C0(Parent Tract)
TERMINATION OF DECLARATION
THIS TERMINATION OF DECLARATION(the"Termination") is made this day of
nery, 2016 by AVEMORE PHASE IV AT CHARLOTTESVILLE, LLC (the "Declarant").
r
WHEREAS,the Declarant is the owner of a parcel of land known as Albemarle County Tax
Map 78B, Section 3, Parcel 1C (the"Land")pursuant to the plat in Deed Book 3553, Page 214 in the
Albemarle County land records(the "Land Records"); and
WHEREAS,a Private Street Maintenance Agreement/Declaration was recorded in the Land
Records at Book 4494 Page 3496 (the "Declaration");
WHEREAS,the Declaration contained provisions for private street maintenance that conflict
with the Avery Square at Pantops Declaration of Covenants, Condition, Restrictions and Easements
recorded in the Land Records at Book 4409 Page 8, as amended at Book 4446 Page 705 (the "Avery
Square Declaration"); and
WHEREAS,the Declarant now wishes to terminate the Declaration as further set forth
herein.
NOW, THEREFORE, Declarant does hereby terminate the Private Street Maintenance
Agreement/Declaration recorded in the Land Records at Book 4494 Page 3496 such that it will no
longer have any force or effect. Further, Declarant restates and acknowledges that the Land shall
continue to be subject to the Avery Square Declaration recorded in the Land Records at Book 4409
Page 8, including but not limited to the provisions for street maintenance.
IN WITNESS WHEREOF,the has caused this Termination to be executed on its behalf by its
duly authorize agent.
AVEMORE PHASE IV AT CHARLOTTESVILLE, LLC
By: /
Name: St^�q u V%e&s cz, ct,M
%f !-.JI
Title: 0 4 Gr4-1 VA twost`'
COMMONWEALTH OF VIRGINIA )
CITY/COUNTY OF /: .,,t h. l l t )
Subscribed, sworn and acknowledged before me this C'C day of Febrtiry', 2016 by
Me (- co,ti e(1" , the of Avemore Phase IV at Charlottesville, LLC,
a Virginia limited liability company,on its behalf.
Notary Public ADAM A. SHREINER
NOTARY PUBLIC
My commission expires: IVi e- c S z1 4' 7 COMMONWEALTH OF VIRGINIA
7 #7500089,COMMISSION EXP.03/31/2019
VIEW 44.01
Prepared by George Webb
Albemarle County Tax Map 078B0-03-00-001C0
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter,the
"Agreement")is made this day 2S of May,2014,by AVEMORE PHASE IV AT
CHARLOTTESVILLE,LLC(hereinafter,the"Declarant"),whose address is 28343
MALLARD DRIVE,EASTON,MD 21601.
WHEREAS,the Declarant(s)is the owner of a parcel of land known as Albemarle
County Tax Map 78B,Section 3,Parcel 1C pursuant to the plat/deed in Deed Book
3553,Page 214; and
WHEREAS,Tax Map 78B,Section 3,Parcel 1C will be subdivided by the
Declarant into Lots 1-34, containing 2.597 acres,as shown and described on a plat by
WW Associates,dated 8/13/2010,and revised 6/04/2013,a copy of which is hereto
attached and made part of this Agreement(hereinafter,the"Plat"); and
WHEREAS,the access easement shown on the Plat entitled"Easement Plat for
TMP 78B-5-B& 78B-5-1-34,Avemore Phase IV",dated 4/11/2014,will be a new 32
foot non-exclusive ingress and egress easement(hereinafter,the"Street")for the use and
benefit of Lots 1-34 as shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein,the Declarant hereby imposes upon Lots 1-34 to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum 20 feet of
asphalt and stone in accordance with Virginia Department of Transportation
standards and maintained in perpetuity to substantially the same condition it was in
when approved by the County. The travelway shall at all times be maintained so that it is
safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument, `maintenance',includes the
maintenance of the private streets or alleys,and all curbs,curbs and gutters,drainage
facilities,utilities,dams,bridges and other private street improvements,and the prompt
removal of snow, water,debris,or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles,including emergency services vehicles.
The term"to maintain,"or any derivation of that verb, includes the maintenance,
replacement,reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s)of Lots 1-34 shall be equally responsible for
the cost of the maintenance of,and or repair to the Street,as shown on the plat. Any
further division of Lots 1-34 shall require the reassessment of cost to be equally shared
by all owners using of the Street. No public agency,including the Virginia
Department of Transportation and the County of Albemarle,Virginia,will be
responsible for maintaining any improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Street,any further
construction,maintenance or repair shall be undertaken only with the mutual consent of
all owners,provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate
share of the costs of maintenance or repair for which he/she is responsible,as provided
hereinabove,any other owner not in default,or the person or corporation performing such
maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Declarant h: c used I - 1- • 'on to be
executed on its behalf by its duly authorized agent.
BY• � MIh
A more P IV at Charlottesville,LLC
STATE OF VIRGINIA AT LARGE
A k
CITY/COUNTY OF ry t f e_ ,to-wit:
The foregoing Declaration was
acknowledged before me this 2S day of May y ,� by OWNER.
-1/1\):642. Lit 242
otary Public
DANIELLE LEE ROTH
My commission expires: DATE NOTARY PUBLIC
Commonwealth Virginia
#7596948
.Lo
My Commission .it0s + _ — —
Community Development Document Review
County Attorney's Office
TO: I Np (_fes-\
PROJECT NUMBER: `g 19 ' AJenre Ph(-3e t�
You have requested that our office review the attached development document identified below:
Drainage easement
Shared parking agreement/easement
Open space/greenway easement
Dedication of right-of-way
Parcel determination
Other: _ AA j'ICcr_ Street i1( lrr}g'etykee AT-ednervf
The document:
V is approved
is conditionally approved with minor edits shown on the attached or noted in the comment below
is conditionally approved and ready to be circulated for signatures and acknowledgements
is conditionally approved with minor edits shown on the attached or noted in the comment below and ready
to be circulated for signatures and acknowledgements
is not approved because:
: Signatures or acknowledgement need to be redone (see comment below)
:Legal description needs to be revised(see comment below)
: Other(see comment below) �.p
Comment: l ,�r�.r /'1C� I5 Gck_res� �� 1t�2 d pX-
If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a
party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on
behalf of the County are provided. If the document did not include the applicants'signatures,a final version of the
document with the required signatures may now be submitted.
Date:
p:/ //lb
Greg rit i er
Depu I. ty Att ey
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax(434)972-4126
Date: March 7, 2016
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name:SUB201500204 Avemore Phase IV—BLA
Date Submitted: 3/3/2016
Dear Mr. Kamptner:
On July 7, 2013, the County approved a subdivision plat for Avemore Phase IV and it was recorded in DB
4409, PG 8(Attachment A-- but I will forward this document via email). On May 23, 2014,the County
approved an easement plat that adjusted the access easement for Phase IV and included an updated
private street maintenance agreement,which was recorded in DB 4494, PG 396(Attachment B).
Currently, the County is reviewing a BLA plat that proposes minor lot modifications and a small extension
of the access easement(Attachment C). Ben Winn, attorney for the applicant, explains via email that the
applicant would like to get rid of the "old and erroneous private street agreement" and restore control
of the private street to the HOA for Avemore(Attachment D).
Can you please review the proposed Termination of Declaration to confirm it is accomplishing their
intent?
Thanks,
J.T. Newberry, Planner
Attachment A(sent via email):Avemore, Phase IV Final Plat(SUB201000113)approved 7/7/2013
Attachment B: Easement Plat and Maintenance Agreement(SUB201400050) approved 5/23/2014
Attachment C: BLA Plat(SUB201500204)currently under review
Attachment D: Email from Mike Myers and Ben Winn dated 2/29/2016
Attachment E: Proposed Termination of Declaration